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C. Even if the portions of slab outside the footprint <br />of the garage are allowed to remain, hardcover <br />will still be at 50.6% in the 75-250' zone, no <br />change from the pre-existing hardcover conditions <br />on the property. <br />D, Allowing the illegally constructed garage to <br />remain at a location less than 10' from the west <br />side lot line creates an unwarranted encroachment <br />of open space enjoyed by the neighboring adjacent <br />property, such open space being critical to <br />maintain in this neighborhood of generally <br />substandard sized lots. <br />10. The City Council has considered this application <br />including the findings and recommendations of the <br />Planning Commission, reports by City staff, comments by <br />the applicant and the effect of the variances on the <br />health, safety and welfare of the community. <br />11. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply <br />generally to other property in this zoning district; <br />that granting the variance would not adversely affect <br />traffic conditions, light, air nor pose a fire hazard <br />or other danger to neighboring property; would not <br />merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code <br />and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AMD CONDITIONS <br />Based upon the above findings, the Orono City Council <br />hereby grants an after-the-fact variance to Municipal Zoning <br />Code Section 10.22, Subdivision 2 to allow hardcover in the 75- <br />250' lakeshore setback zone to remain at 50.6% where only 25% <br />hardcover is normally allowed; and grants an after-the-fact <br />variance to Section 10.03, Subdivision 14 (C) to allow lot <br />coverage of 16.3% where only 15% lot coverage is normally <br />required; and denies an after-the-fact variance to Section 10.03, <br />Subdivision J5 (F), hereby disallowing construction of the garage <br />at a locatio. closer than the required 10' setback frcm the west <br />side lot line, subject to the following conditions: <br />Page 4 of 9